Showing posts with label law suit. Show all posts
Showing posts with label law suit. Show all posts

Wednesday, 20 April 2022

Costly panic

I must say I sympathise with Kevin Berling, the Kentucky man who told his boss he didn't want a surprise birthday party because he suffered from anxiety and the party might give him a panic attack. His boss took no notice, the surprise party went ahead, and Mr Berling did indeed have a panic attack, forcing him to leave the party. He was later sacked.

He sued the company for discriminating against his disability, and was awarded $450,000 (£346,000) by the jury - $300,000 for emotional distress and $150,000 for lost wages.

The company claimed he had violated a workplace violence policy and that the other employees were the victims, not Mr Berling. The jury thought otherwise.

Clearly there are firms that still have little understanding of mental disorders and refuse to make any allowance for them. They trivialise the problem and force the employee to "soldier on" regardless. A costly mistake in this case.

I'm sure there are plenty of people who dislike surprise birthday parties (or surprise anything come to that) Why should they be compelled to attend and feign enjoyment, if that isn't how they feel? It just amounts to total insensitivity on the part of those other employees who were determined to hold the party whether he liked it or not.

In my lengthy working life I was never subjected to a surprise birthday party. I'm not sure how I would have reacted. Pleased or mortified - or a mixture of both? I was given a surprise leaving ceremony and present at my final workplace, which left me both chuffed and nonplussed - mostly chuffed.

Luckily I'm not prone to panic attacks, and no budget-busting law suits were called for.